Order of the President of the Court of First Instance of 8 June 2009 – Dover v Parliament

(Case T-149/09 R)

Application for interim measures – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Inadmissibility – No urgency

1.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 12-13)

2.                     Application for interim measures – Conditions for admissibility – Application – Formal requirements – Statement of the pleas in law establishing a prima facie case for granting the measures sought – General reference to other documents – Inadmissibility (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Arts 43, 44 and 104(2) and (3)) (see paras 14, 18-19, 21)

3.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 25-29)

4.                     Application for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage – Decision of the European Parliament to recover allowances unduly paid to one of its Members – Need for the Parliament to bring proceedings before a national court having jurisdiction where voluntary payment refused – Possibility of the national court suspending operation of the said decision until resolution of the matter on the substance before the Court of Justice or the Court of First Instance – No urgency (Arts 230 EC, 234 CE and 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 30-32)

5.                     Application for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Non-material damage not capable of being better compensated for in interim proceedings than in the main proceedings (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 37)

Re:

APPLICATION for suspension of the operation of Decision D(2009) 4639 of the Secretary General of the European Parliament of 29 January 2009 concerning the recovery of allowances unduly paid to the applicant by way of reimbursement of his parliamentary assistance expenses, of the debit note based on that decision and of any decision taken with a view to offsetting the amount claimed against payment of other parliamentary allowances due to the applicant.

Operative part

1.      The application for interim measures is dismissed.

2.      Costs are reserved.